Nintendo Is Already Punishing Switch 2 Users Over Piracy ‘Suspicions’
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Even if that is legal (it isn't)
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Are you a lawyer?
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I am not a lawyer, but I have talked to lawyers about this before and their answer was basically:
The owner of a copy of a game or other computer software may "make or authorize the making of another copy." Legally speaking, the law does not require the person who owns the copy to personally make the backup copy, nor does it specify that the backup copy be made only from the copy owned.
This is important because on Nintendo's own website they state the following:
Therefore, whether you have an authentic game or not [...] it is illegal to download [...] a Nintendo ROM from the Internet.
What Nintendo is saying here is outright wrong. A person who only has only temporary possession of a game (such as rental or borrowing) gains no rights under 17 USC 117, and may not download a copy without separate permission, which obviously Nintendo would never grant However, A person with permanent possession of a game (such as a legally purchased game either from retail or used) DOES gain those rights to an archival copy. These rights supercede any restriction on those rights Nintendo would presume to apply. Nintendo presumes to add extra conditions and terms that do not actually exist in the law.
The purpose of the archival copy provision is to protect legal owner's access to the computer software in case of damage. If your copy of a game breaks, such as a broken CD, you have the legal right, as owner of that CD, to continue to use the computer software on that CD no matter its physical condition. An archival copy could then be used to create a working version of that CD so that you, the legal owner of that copy, may continue to access that computer software. This is also the case when access to that software becomes difficult or impossible, such as a game or other computer software that is stored on archaic storage media such as a floppy disk or paper tape.
wrote on last edited by [email protected]What is defined as copy here? Cartridge data (game data, not firmware etc) is encrypted and can only be accessed by a protocol that is like spi, but is proprietary, by a specific chip running nintendo code. Or is a copy a full backup of everything on the chip?
Is the copy a raw copy? Has the data been modified/decrypted/or any algorithm processed it?
These things define wether a copy falls under this or not. Check what the fineprint or laws defines what ' a copy' is exactly in this case.
If it doesnt, what i mentioned are important to see if what you said apply here or not.Like @[email protected] said, its only legal if nothing is done with the data. Any decryption using a nintendo key is infact, illegal, and falls under piracy.
This is why dolphin was removed from steam, because they do exactly that. Decrypt the data to use it.
If the process of dumping does any encryption or decryption, you also get in trouble in what they said.
These are the laws, and the lawyer you asked this too must not have been specialised in ip law, copyright and games, or doesnt know the technical details to decide on this.
The mig chip uses a proprietary protocol to send data of a partly, semi decrypted, game image. That will not go well in court, no matter if the rom was obtained legally.
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Well if you're already a pirate you don't need the MIG or benefit in any way from using it. Presumably you've got an Erista Switch or a modchip. The MIG is only for pirating stuff on modchipless Lite/Mariko/OLED/Apparently 2 (but watch out) consoles. It can't pirate updates or DLC or eshop-only games so it's always worse than CFW or modchips for those that can use CFW or modchips.
Yup, I have a modded Erista. Will update the firmware for Metroid Prime 4 and then I probably won't be playing anything new after that on it.
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If you see personal insults you should report the comment. Instances and communities have rules. Downvotes aren't insults though
Oh yeah, I do report every time now, but I still see way too many.
Am aware downvotes are not insults and I don't report downvotes, but also aware a lot of people use them as a plain disagree button.
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It's a reference to this post. A lot of people found it funny but a lot of lemmings also thought it was insulting and spam
Thanks for the explanation!
I do not know the norms of shitpost communities, but as an outsider, I think it fits in perfectly.
